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(영문) 대구고등법원 2019.01.09 2017나26165
건물등철거
Text

1. The following order of payment among the monetary payment portion concerning the principal lawsuit of the judgment of the court of first instance (the text No. 1-C and D) is ordered.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The parties’ relationship 1) D and E were married, D and D died on March 4, 201, and E died on February 17, 2017. The Plaintiffs are the deceased’s successors as children of D and E. 2) the Defendant is the spouse of F, and F is the birth parents of D.

B. A) On December 24, 1979, D completed the registration of ownership transfer on December 17, 1979 with respect to the land of this case with respect to the land of 1,091 square meters, N, 1,709 square meters, and 2,492 square meters prior to O on December 17, 1979. On February 13, 1980, D is the land listed in attached Table 1 (hereinafter “instant land”).

(2) On August 30, 201, the Plaintiffs entered into the register of ownership transfer on March 4, 201 with respect to each of the shares of 1/2 shares out of the instant land No. 1, the Plaintiffs completed the registration of ownership transfer on March 4, 201 due to a consultation division. 2) E is the land listed in [Attachment List No. 2] on September 20, 1982.

(C) On September 2, 1978, the Defendant completed the registration of ownership transfer on the ground of sale on September 11, 1982. The Plaintiffs completed the registration of ownership transfer on the ground of donation on March 24, 2014 with respect to each of the shares of 1/2 of the instant land among the instant land No. 2. The Defendant completed the registration of ownership transfer under the name of G, the mother of F on May 22, 1979, on the ground of the instant land No. 1, on April 21, 1978.

2) The Defendant had resided in the above building from September 30, 1978. On November 2, 1984, the Defendant completed the registration of ownership transfer on the ground of sale on November 1, 1984 with respect to the above building. (3) Each building listed in paragraph (3) of the attached Table is constructed on the ground of the land of this case as shown in the attached Form No. 1, and each building listed in paragraph (4) of the attached Table is constructed on the ground of each land of this case as shown in the attached Form No. 4.

4. The defendant shall list attached Form 4.

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